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World Bank court orders Pakistan pay $5.8 billion damages to Tethyan Copper

Abdullah719

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SANTIAGO (Reuters) - A World Bank arbitration court has ordered the Pakistani government pay damages of $5.8 billion to Tethyan Copper, a joint venture between Chile’s Antofagasta Plc (ANTO.L) and Canada’s Barrick Gold (ABX.TO), the Chilean miner said late on Friday.

Tethyan Copper discovered vast mineral wealth more than a decade ago in Reko Diq, at the foot of an extinct volcano near Pakistan’s frontier with Iran and Afghanistan. The deposit was set to rank among the world’s biggest untapped copper and gold mines.

The company said it had invested more than $220 million by the time Pakistan’s government, in 2011, unexpectedly refused to grant them the mining lease needed to keep operating.

The World Bank’s International Centre for Settlement of Investment Disputes (ICSID) ruled against Pakistan in 2017, but until now had yet to determine the damages owed to Tethyan.

Tethyan board chair William Hayes said in a statement the company was still “willing to strike a deal with Pakistan,” but added that “it would continue protecting its commercial and legal interests until the dispute was over.”

The Reko Diq mine has become a test case for Prime Minister Imran Khan’s ability to attract serious foreign investment to Pakistan as it struggles to stave off an economic crisis that has forced it to seek an International Monetary Fund bailout.

Pakistan’s military sees Reko Diq as a strategic national asset and had taken a key role in its development amid the dispute with Antofagasta and Barrick, sources familiar with the situation told Reuters earlier this year.

https://www.reuters.com/article/us-...llion-damages-to-tethyan-copper-idUSKCN1U80GT
 
Thank You CJ Iftikhar Chaudhry for screwing the nation :facepalm:
 
If you owe someone $100, that's your problem. If you owe someone $5.8 billion, that's their problem.
 
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Hang the judges upside down to recover the losses. There is another case Pakistan lost today against Broadsheet. NAB hired Broadsheet to investigate hidden assets of 150 Pakistanis including Sharifs, but wrongfully repudiated an asset recovery agreement. Now Pakistan pays $33 million + the appeal cost of £192,000.
https://www.thenews.com.pk/print/49...l-against-broadsheet-to-pay-rs5-21-bn-penalty

Don't you dare try comparing £33m with 5.6 billion which has led to the chief executive willing to strike some British east Indian company style deal.

Have that cross eyed moustachioed judge dragged in front of the nation to explain how he's gonna make this right
 
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Outright refuse.

Can pay the investment costs + inflation.

Not an exaggerated fine.
 
Outright refuse.

Can pay the investment costs + inflation.

Not an exaggerated fine.

Its a world bank court's verdict so not so simple to refuse. At best, Pakistan can file a review appeal & delay the matter by couple of years.
 
Who were the chuway that signed away Reqo Diq to a foreign company in the first place? They should pay.
 
If you owe someone $100, that's your problem. If you owe someone $5.8 billion, that's their problem.

A firm which owes $5.8 billion can declare bankruptcy, however a nation runs into serious problems if it goes down that path.

Remember, Pakistan is also hoping to get loans from the WB.
 
A firm which owes $5.8 billion can declare bankruptcy, however a nation runs into serious problems if it goes down that path.

Remember, Pakistan is also hoping to get loans from the WB.

yes we all know we are doomed. trying to figure a way out of this. :P
 
Who were the chuway that signed away Reqo Diq to a foreign company in the first place? They should pay.

Supreme court ruled that the agreement was in violation of the country's rules and regulations & kicked them out. They failed to prove any violations in World Bank's court.
 
Supreme court ruled that the agreement was in violation of the country's rules and regulations & kicked them out. They failed to prove any violations in World Bank's court.

Send the bill to CJ Iftikhar Muhammad Chaudhry
 
Outright refuse.

Can pay the investment costs + inflation.

Not an exaggerated fine.

Exploring for oil, gas, minerals, copper etc. doesn't quite work that way.

Think of a simple case. Suppose a firm knows the probability of discovering copper is 1 in 10, and each discovery if it turns out positive will be worth $11 billion. The cost of the exploration per unit is $1 billion.

So the firm will sign agreement with 10 different countries and spend a $1 billion on each. At an average its return should be $0.1 billion for the contracts it signs.

What happens if an exploration turns out positive and the country reneges on the agreement and says "here take the $1 billion you spent on exploration"? The business of prospecting becomes economically unviable.

There is reason why contracts have to be honored if economic activity is to take place.
 
TCC open to negotiated settlement with Pakistan: chairman

“We remain willing to discuss the potential for a negotiated settlement with Pakistan and will continue to protect our commercial interests and legal rights until the conclusion of this dispute,” said William Hayes, TCC’s chairman.



Source: https://www.dawn.com/news/1494099
 
TCC open to negotiated settlement with Pakistan: chairman

“We remain willing to discuss the potential for a negotiated settlement with Pakistan and will continue to protect our commercial interests and legal rights until the conclusion of this dispute,” said William Hayes, TCC’s chairman.



Source: https://www.dawn.com/news/1494099

Need to let them explore the opportunities- nobody else has done anything.
 
Get someone like Asad Umar involved in the negotiations. He's from a corporate background and also knows the current financial situation of Pakistan
 
AG leaves for US to seek Reko Diq verdict review

ISLAMABAD: Attorney General for Pakistan Anwar Mansoor has left for Washington to seek a review of the decision of the International Centre for Settlement of Investment Disputes (ICSID) slapping a $5.9 billion penalty on Pakistan in the terminated Reko Diq mining contract case.

The AG had rushed back to Islamabad from the US to attend last Thursday’s pending case relating to the Gas Development Infrastructure Cess which was fixed before a three-judge Supreme Court bench headed by Justice Mushir Alam at the government’s request.

But when the case was taken up, the AG informed the bench that he will be flying back to the US on Friday to attend to some crucial legal matters.

Later, he confided to a group of reporters that he is leaving for Washington to prepare and file a revision appeal in the Reko Diq award.

On July 12, 2019, the World Bank tribunal called ICSID had slapped a whopping $5.97bn award against Pakistan that includes $4.08bn as penalty as well as $1.87bn in interest, in its 700-page ruling.

The ICSID was seized with a dispute between Pakistan and Tethyan Copper Company Pvt Limited (TCC) which had claimed $8.5bn for rejection of its application by the Mining Authority of Balochistan for the multimillion dollar lease in 2011.

Earlier, Pakistan had taken up the plea before the tribunal that the agreement /mining licence for the Reko Diq project was procured through corrupt means and therefore, the TCC cannot ask for damages.

But after the announcement of the award Pakistan reacted swiftly with Prime Minister Imran Khan constituting a commission to probe into reasons for this predicament.

The commission was also tasked to probe who were responsible for making Pakistan suffer such a loss and what lessons were learnt, so that mistakes made are not repeated in the future.

Reko Diq is a small desert town in Chagai district of Balochistan and is 70km northwest of Naukundi close to Pakistan’s border with Iran and Afghanistan.

The area is located in Tethyan belt that stretches all the way from Turkey and Iran into Pakistan.

Reko Diq, which means ‘sandy peak’ in Balochi language, is also the name of an ancient volcano and is famous because of its vast gold and copper reserves and is believed to be the world’s fifth largest goldmine.

In an earlier news release by Antofagasta PLC – a joint venture held equally by Chilean and Canadian entities namely Antofagasta and Barrick Gold Corporation – the damages included compensation of $4.08bn by reference to the fair market value of the Reko Diq project at the time of the mining lease denial and $1.87bn interest until the date of the award. In Jan 2013, a Supreme Court bench headed by then chief justice Iftikhar Mohammad Chaudhry while taking up a petition of Dr Abdul Haq Baloch had declared the mining contract to the TCC for the exploration of gold and copper as illegal.

https://www.dawn.com/news/1506653/ag-leaves-for-us-to-seek-reko-diq-verdict-review
 
Pakistan moves US court to stop over $6bn fine in Reko Diq case

WASHINGTON: Pakistan has asked a US federal court to pause an Australian copper company’s bid to enforce a $6 billion arbitral award while it looks to have the award nixed, reports Law360, a New York-based legal publication.

The company — Tethyan Copper Co. Pty Ltd — won the award last summer following a dispute over the rejected Reko Diq mining project in Balochistan.

Pakistan argued in a federal court in Washington that the enforcement could have “devastating consequences for its political and economic stability”, said the author, Caroline Simson.

In a brief submitted in the court on Friday, Pakistan argued that Tethyan “shouldn’t be allowed to proceed with the litigation while it looks to annul the award based on “numerous substantive and procedural errors”.

The report noted that the award is the second largest ever to be issued by the International Centre for Settlement of Investment Disputes (ICSID) and equals 2 per cent of Pakistan’s annual gross domestic product and 40 per cent of its total liquid foreign reserves.

ICSID is an international arbitration institution established in 1966 for legal dispute resolution and conciliation between international investors and is part of and funded by the World Bank Group, headquartered in Washington.

Pakistan said in the brief that its economy was already facing “significant challenges and weaknesses” and that enforcing the award would effectively negate a $6 billion loan it received from the International Monetary Fund last year to stabilise its government and economy.

Pakistan also pointed out that ICSID’s secretary general provisionally stayed enforcement of the award after registering the annulment bid in November, adding that the benefits of pausing the litigation are “overwhelming”.

“[A] stay not only avoids the possibility of conflicting results between this court’s determination of enforcement and the ICSID’s determination to annul the award [...] but it also eliminates the time and expense associated with an appeal and any subsequent litigation,” Pakistan argued.

The brief claimed that the tribunal wrongly disregarded international law limiting the amount of damages available for lost profits and that it relied on a novel damages calculation method “without authorisation or explanation” that resulted in a number billions of dollars higher than a traditional model would, Law360 reported.

Pakistan argued that the “discounted cash flow approach”, used for awarding Tethyan, failed to properly account for certain risks and uncertainties in the project.

Also, the calculated damages were based on a projected 56-year operating period for the mine even though no lease or permits for the project were ever issued by Pakistani authorities, the brief added.

Pakistan informed ICSID that the proposed project was based on agreements that were invalid under Pakistani law and, therefore, Tethyan Copper couldn’t seek any damages.

Attorneys for the parties could not immediately be reached for comment on Monday.

The Chilean copper miner Antofagasta plc won the award last July in arbitration that arose out of Pakistan’s 2011 denial of a mining lease for the Reko Diq project.
https://www.dawn.com/news/1527356/pakistan-moves-us-court-to-stop-over-6bn-fine-in-reko-diq-case
 
Pakistan moves US court to stop over $6bn fine in Reko Diq case

WASHINGTON: Pakistan has asked a US federal court to pause an Australian copper company’s bid to enforce a $6 billion arbitral award while it looks to have the award nixed, reports Law360, a New York-based legal publication.

The company — Tethyan Copper Co. Pty Ltd — won the award last summer following a dispute over the rejected Reko Diq mining project in Balochistan.

Pakistan argued in a federal court in Washington that the enforcement could have “devastating consequences for its political and economic stability”, said the author, Caroline Simson.

In a brief submitted in the court on Friday, Pakistan argued that Tethyan “shouldn’t be allowed to proceed with the litigation while it looks to annul the award based on “numerous substantive and procedural errors”.

The report noted that the award is the second largest ever to be issued by the International Centre for Settlement of Investment Disputes (ICSID) and equals 2 per cent of Pakistan’s annual gross domestic product and 40 per cent of its total liquid foreign reserves.

ICSID is an international arbitration institution established in 1966 for legal dispute resolution and conciliation between international investors and is part of and funded by the World Bank Group, headquartered in Washington.

Pakistan said in the brief that its economy was already facing “significant challenges and weaknesses” and that enforcing the award would effectively negate a $6 billion loan it received from the International Monetary Fund last year to stabilise its government and economy.

Pakistan also pointed out that ICSID’s secretary general provisionally stayed enforcement of the award after registering the annulment bid in November, adding that the benefits of pausing the litigation are “overwhelming”.

“[A] stay not only avoids the possibility of conflicting results between this court’s determination of enforcement and the ICSID’s determination to annul the award [...] but it also eliminates the time and expense associated with an appeal and any subsequent litigation,” Pakistan argued.

The brief claimed that the tribunal wrongly disregarded international law limiting the amount of damages available for lost profits and that it relied on a novel damages calculation method “without authorisation or explanation” that resulted in a number billions of dollars higher than a traditional model would, Law360 reported.

Pakistan argued that the “discounted cash flow approach”, used for awarding Tethyan, failed to properly account for certain risks and uncertainties in the project.

Also, the calculated damages were based on a projected 56-year operating period for the mine even though no lease or permits for the project were ever issued by Pakistani authorities, the brief added.

Pakistan informed ICSID that the proposed project was based on agreements that were invalid under Pakistani law and, therefore, Tethyan Copper couldn’t seek any damages.

Attorneys for the parties could not immediately be reached for comment on Monday.

The Chilean copper miner Antofagasta plc won the award last July in arbitration that arose out of Pakistan’s 2011 denial of a mining lease for the Reko Diq project.
https://www.dawn.com/news/1527356/pakistan-moves-us-court-to-stop-over-6bn-fine-in-reko-diq-case

Didn't the govt say that the company was open to negotiating with them and willing to do business in Pakistan in exchange for not paying the fine?
 
Didn't the govt say that the company was open to negotiating with them and willing to do business in Pakistan in exchange for not paying the fine?

In that situation, I think Pakistan would have disadvantages in negotiations.

What Pakistan needs to do is investigate the procurement processes completely and find any flaws to suggest the contract award by previous powers is invalid.
 
In that situation, I think Pakistan would have disadvantages in negotiations.

What Pakistan needs to do is investigate the procurement processes completely and find any flaws to suggest the contract award by previous powers is invalid.

this going back and forth will ultimately yield lack of trust in contracts which will hurt future ventures. Negotiation should be the primary motive. Anything else, both ways it will have damaging effect.
 
WB’s ICSID considering Pakistan’s appeal to reverse $6bn penalty in Reko Diq case

The World Bank’s International Center for Settlement of Investment Disputes (ICSID) is considering Pakistan’s request to annul the 2019 ruling in favor of Tethyan Copper Corp.

Pakistan is seeking the reversal of $6 billion penalty imposed by an international tribunal for denying a mining lease to the Australian company, as Pakistan says that paying the fine will hinder its ability to mitigate the coronavirus pandemic.

As per reports till date no indication efforts to reach a settlement outside of the tribunal have made headway.

The World Bank’s ICSID on July 13, 2019, announced 700-page judgment regarding $5.976 billion (Rs 944.21 billion) award against Pakistan in the Reko Diq case.

The ICSID award includes $4.08 billion penalty and $1.87 billion in interest to Tethyan Copper Company (TCC), a joint venture between Chile’s Antofagasta Plc and Canada’s Barrick Gold, the Chilean miner.

n 2012, TCC filed claims for international arbitration before the ICSID of the World Bank, after the Balochistan government turned down a leasing request from the company. The litigation has continued for seven years.

Former chief justice Iftikhar Muhammad Chaudhry in the Maulana Abdul Haque vs Government of Balochistan held that the “Chagai Hills Exploration Joint Venture Agreement” (CHEJVA) signed between the Balochistan Development Authority (BDA) and Broken Hill Properties Minerals Intermediate Exploration Inc. (BHP) in 1993 was void ab initio.

https://www.brecorder.com/news/4001...ppeal-to-reverse-6bn-penalty-in-reko-diq-case
 
1.87 billion interest? That is absolutely extortionate.

Pakistan should outright refuse.
 
This is a ridiculous amount. I bet most countries may not be able to pay it. Pakistan should refuse or get a better deal.
 
Basically it was sold by NS and PPP during the 90s and they got $200m for this deal, then during Mush gov. they found out the mine has over $200 billion worth of gold down there, so essentially pakistan had to screw these companies only because corrupt/incompetent rulers rule us.
 
Basically it was sold by NS and PPP during the 90s and they got $200m for this deal, then during Mush gov. they found out the mine has over $200 billion worth of gold down there, so essentially pakistan had to screw these companies only because corrupt/incompetent rulers rule us.

Where are the Noonies and PPly? Is this the corrupt but competent leaders they always talk about :s
 
Basically it was sold by NS and PPP during the 90s and they got $200m for this deal, then during Mush gov. they found out the mine has over $200 billion worth of gold down there, so essentially pakistan had to screw these companies only because corrupt/incompetent rulers rule us.

This is what I meant by my original post a while back - Pakistan needs to find evidence of any buyouts and use that as evidence. Even someone from within PMLN/PPP whom has changed way.
 
Where are the Noonies and PPly? Is this the corrupt but competent leaders they always talk about :s
[MENTION=131701]Mamoon[/MENTION] thinks it is fine so long as long term it is more if a disadvantage to Pakistan.
 
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Where are the Noonies and PPly? Is this the corrupt but competent leaders they always talk about :s

Corrupt but competent as Dr [MENTION=131701]Mamoon[/MENTION] sahab says. Competent in looting and plundering only.
 
Basically it was sold by NS and PPP during the 90s and they got $200m for this deal, then during Mush gov. they found out the mine has over $200 billion worth of gold down there, so essentially pakistan had to screw these companies only because corrupt/incompetent rulers rule us.

Wait, the mine has $200 billion worth of gold? Are we doing anything to extract it?
 
have these monies been paid?? seems like lots of corruption by previous regimes led to this disaster for current state of Pakistan. I mean 5.8 Billion Dollar wow...thats a lot of money.
 
have these monies been paid?? seems like lots of corruption by previous regimes led to this disaster for current state of Pakistan. I mean 5.8 Billion Dollar wow...thats a lot of money.

Pervez Musharraf imposing a state of emergency is considered treason but the ex cj of Pakistan iftikhar chaudhry single handedly causing a massive loss to the Exchequer is not even being deemed an actionable item. Only in Pakistan
 
Pakistan wins stay over $6 billion penalty in Reko Diq case

The World Bank’s International Centre for Settlement of Investment Disputes (ICSID) has granted a stay on the enforcement of the massive penalty of $6 billion imposed on Pakistan for its decision to deny a mining lease for the Reko Diq project to Australia’s Tethyan Copper Company (TCC).

The office of the attorney general for Pakistan in a statement described the development as a success for the country and its legal team.

In July last year, an international arbitration tribunal of the ICSID had slapped a penalty of $6 billion on Pakistan for its 2011 decision to deny the mining lease to the TCC – a 50-50 joint venture of Barrick Gold Corporation of Australia and Antofagasta PLC of Chile.

The tribunal – chaired by Germany’s Klaus Sachs and including Bulgarian arbitrator Stanimir Alexandrov and the UK’s Lord Hoffmann had ordered Pakistan to pay over $4 billion in damages to the TCC in addition to $1.7 billion in pre-award interest.

The tribunal found that Pakistan had unlawfully denied the TCC a lease to mine copper and gold deposits at the Reko Diq mine, located in Chagai district of Balochistan. It held that the state had committed an unlawful expropriation under the Australia-Pakistan bilateral investment treaty.

Later, the TCC approached five different countries courts for the enforcement of the penalty imposed on Pakistan.

In November, Pakistan moved a plea before ICC for annulment of the award on several grounds. When the country’s plea was registered, an interim stay was granted automatically on the enforcement proceedings initiated by the TCC.

A hearing to confirm the stay order took place via video link in April this. On Wednesday, the tribunal finally ruled in favour of Pakistan, confirming the stay on the enforcement of the award.

The ICSID is still considering Pakistan’s appeal against enforcing the penalty over its cancellation of the Reko Diq mining lease and a final hearing will take place in May next year.

Reko Diq is famous for its mineral wealth, including gold and copper. Prime Minister Imran Khan’s government considers it a strategic national asset, though instead of yielding a bonanza the Reko Diq mines have cost the country dearly owing to ongoing international litigation with the TCC.

The quantum of the award is same as the bailout package granted to Pakistan by the International Monetary Fund. If enforced, the award will result in serious economic repercussions for the country. Seen in this context, the stay is a success and major relief for Pakistan.

In June this year, Spain had persuaded an ICSID committee to annul a €128 million award in favour of a solar power investor on the basis of arbitrator Stanimir Alexandrov’s failure to disclose a longstanding professional relationship with one of the claimant’s expert witnesses from the Brattle Group.

The tribunal that imposed the penalty on Pakistan included Alexandrov as an arbitrator.

https://tribune.com.pk/story/2264448/pakistan-wins-stay-over-6-billion-penalty-in-reko-diq-case
 
Surely Pakistan can find someone from the previous regimes to testify - confirm bribery to win contract?

Worst case, if the company got license to mine, make life extremely difficult for them.
 
Reko Diq Case: NAB unearths corruption to the tune of billions

National Accountability Bureau (NAB) Balochistan has collected irrefutable evidence revealing that billions of rupees have been lost to the national exchequer in the Reko Diq project after the bureau scrutinized its 30-year record.

According to the NAB spokesperson, an agreement was reached in 1993 between the Balochistan Development Authority and an Australian company called Broken Hill Proprietary (BHP) for Chaghi Hills Exploration Joint Venture in which the Australian company was illegally benefited by Balochistan government officials, especially Balochistan Development Authority officials.

In a statement, the spokesperson revealed that serious irregularities were also found in the allotment of land and other matters by the officials of the finance department, and the accused also confessed to taking financial benefits in this regard.

The spokesperson further said that the examination of records and the statements of witnesses revealed the fact that TCC operatives were found to be involved in bribing government employees and taking illicit interests, due to the same corrupt elements.

In 2012, TCC filed claims for international arbitration before the ICSID of the World Bank, after the Balochistan government turned down a leasing request from the company. The litigation has continued for seven years.

The World Bank’s International Center for Settlement of Investment Disputes (ICSID) on July 13, 2019, announced a 700-page judgment regarding a $5.976 billion (Rs 944.21 billion) award against Pakistan in the Reko Diq case.

The ICSID award includes a $4.08 billion penalties and $1.87 billion in interest to TCC, a joint venture between Chile’s Antofagasta Plc and Canada’s Barrick Gold, the Chilean miner. However, in September this year, ICSID granted a stay on the enforcement of the $6 billion award issued against Pakistan in the Reko Diq dispute.

Following the approval of NAB Chairman Javed Iqbal, a reference has been filed in the Quetta Accountability Court in the light of irrefutable evidence against 26 persons, including former Balochistan government officials.

https://www.brecorder.com/news/4003...b-unearths-corruption-to-the-tune-of-billions
 
It is incredible how people still support criminals like Shareefs/Bhuttos/Zardaris/Musharrafs etc.

These people literally made hundreds of millions of dollars selling contacts stealing from alive and future generations of Pakistanis.

Will anyone go to jail for this? Or will Investigators/judges receive some $ and let the next guy handle it? :facepalm:

This is beyond fiction, insane corruption. Inhumane thieves.
 
PTI need to take advantage of this. Get the culprits to testify to ensure there is no bill.
 
The world bank is clearly favouring certain companies interests from the Americas. How does an investment of $220million become a compensation judgement of $5.8billion?
 
It is incredible how people still support criminals like Shareefs/Bhuttos/Zardaris/Musharrafs etc.

These people literally made hundreds of millions of dollars selling contacts stealing from alive and future generations of Pakistanis.

Will anyone go to jail for this? Or will Investigators/judges receive some $ and let the next guy handle it? :facepalm:

This is beyond fiction, insane corruption. Inhumane thieves.

While some elements from the same public are ready to chop the head off of anyone suspected of committing blasphemy.
 
It is incredible how people still support criminals like Shareefs/Bhuttos/Zardaris/Musharrafs etc.

These people literally made hundreds of millions of dollars selling contacts stealing from alive and future generations of Pakistanis.

Will anyone go to jail for this? Or will Investigators/judges receive some $ and let the next guy handle it? :facepalm:

This is beyond fiction, insane corruption. Inhumane thieves.

They get support because they can fool the masses and get away with it. 95%+ of the population will not be able tell how many zeros in a billion, so how do you expect them to hold these parties accountable for something they can't even understand.
 
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